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Tamil Nadu-Chennai
By Our Staff Reporter
The plot was under occupation of T.D. Parasuraman since 1984, and due to prolonged litigation and interim injunctions the TNHB could not take over the land, situated at Indira Nagar. According to the Board, Mr. Parasuraman obtained false patta and approval in due course, and leased out the premises to automobile workshops, service stations and marble slab dealers. Twelve years after the steps to evict the encroachers were initiated, the Madras High Court now has permitted the TNHB to evict them and take possession of the land, which was originally meant for high school and playground. Dismissing a batch of 16 writ petitions challenging a TNHB Executive Engineer's order dated November 19, 2002, directing the encroachers to hand over possession on or before November 30, Justice K. Govindarajan said: "Admittedly, the petitioners are occupying the sites by putting up temporary structure with the permission of T.D. Parasuraman, whither under lease deed or oral lease. Mr. Parasuraman, claiming rights on the land, originally obtained an order of injunction, but subsequently it was vacated". On the claim by counsel for the petitioners, that the Board had not given any opportunity to the petitioners before issuing the notice, Mr. Justice Govindarajan said, "I am not able to accept any one of the submissions. The petitioners are claiming tenancy rights only under Mr. Parasuraman who according to the Housing Board is an encroacher... The petitioners cannot claim better rights than him. "Merely because a civil suit is pending, it cannot be said that the Housing Board cannot take proceedings in accordance with law. Even the civil court has rejected the application for injunction, which shows that Mr. Parasuraman was not able to establish even prima facie case in the suit... No such notice is necessary as the petitioners are also in unauthorised occupation... There is no obligation on the part of the Housing Board to give any opportunity". "I do not find any reason to set aside the impugned order (of the Executive Engineer) as the petitioners are not having any legal right to challenge the same", Mr. Justice Govindarajan said, and dismissed the petitions.
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